Borlongan v. Madrideo

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SUPREMECOURTREPORTSANNOTATEDVOLUME323
248
SUPREME COURT REPORTS ANNOTATED

Borlongan vs. Madrideo
*
G.R. No. 120267. January 25, 2000.
CLARA ESPIRITU BORLONGAN, DINA BORLONGAN,

and PERCIDA BORLONGAN, petitioners, vs. CONSUELO
MADRIDEO and the COURT OF APPEALS, respondents.
Remedial Law Action Party Appeals Rule that findings of
fact of the appellate court are generally conclusive on the Supreme
Court is not without exceptions.Findings of fact of the appellate
court are generally conclusive on the Supreme Court which is not
a trier of facts and consequently, it is not our function to analyze
or weigh evidence all over again. However, this rule is not without
exceptions. If there is a showing that the findings of facts
complained of are totally devoid of support in the record or that
they are so glaringly erroneous as to constitute grave abuse of
discretion, this Court must discard such erroneous finding. We
find that the exception applies in the case at bench.
Same Same Same One who has no right or interest to protect
cannot invoke the jurisdiction of the court as partyplaintiff in
action Who is a real party in interest.We agree with the
Regional Trial
________________
*
SECOND DIVISION.
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249

http://central.com.ph/sfsreader/session/00000152db020ad9a1124bad003600fb002c009e/t/?o=False
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Court that private respondent is not the real party in interest.

One who has no right or interest to protect cannot invoke the
jurisdiction of the court as partyplaintiff in action for it is
jurisprudentially ordained that every action must be prosecuted
or defended in the name of the real party in interest. A real party
in interestis one who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the avails of the suit.
In the instant case, private respondent is not a real party in
interest inasmuch as she failed to establish her claim of being the
sole lessee of the disputed property or the sublessor of petitioners.
Thus, dismissal of the case for lack of cause of action was properly
ordered by the Metropolitan Trial Court, as affirmed by the
Regional Trial Court on appeal.
PETITION for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the opinion of the Court.
Marlon P. Ontal for petitioners.
Jose S. Santos, Jr. for private respondent.
DE LEON, JR., J.:
Before Us
is a petition for2 review on certiorari 3of the
1
Decision and the Resolution of the Court of Appeals dated
February 23, 1995 and May 19, 1995, respectively,
reversing the 4Regional Trial Court of Manila, Branch 8, in
its affirmance of
_________________
1
Penned by Associate Justice Corona IbaySomera and concurred in by
Associate Justices Celia LipanaReyes and Bennie A. Dela Cruz in CA

G.R. SP No. 33446, Annex Aof the Petition, Rollo, pp. 2328.
2
Annex Bof the Petition, Id., pp. 2930.
Sixteenth Division.
Decision dated November 22, 1993 and penned by Judge Ed Vincent
S. Albano in Civil Case No. 936805, Court of Appeals (CA) Rollo, pp. 26
31.
250
250

5
the dismissal by the Metropolitan Trial Court of Manila,
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5
the dismissal by the Metropolitan Trial Court of6 Manila,

Branch 21, of the complaint for unlawful detainer filed by
private respondent Consuelo Madrideo against petitioners
Clara, Dina and Percida, all surnamed Borlongan.
The facts are:
Ma. Dalisay TongkoCamacho is the owner of a 3,230.9
7
square meter parcel of land located in Tondo, Manila. A
portion of this land is the subject of this case. It is a lot
consisting of about one hundred (100) square meters,
located at No. 605 Penalosa St., Tondo, Manila. On it two
(2) houses stand:8 one built by Leonardo Borlongan and
Dominga Sempio, who are petitioner Clara Borlongans
grandparents and petitioner Dina and Percida Borlongans
great grandparents,
and another built by private
9
respondent.
It was Consolacion Sempio, sister of Dominga Sempio,
who originally leased the lot from Camacho. Consolacion
lived therewith and she was taken care of by, Dominga and
Leonardo, their son, Hernando, his wife, Clara and their
daughters, Percida and Dina, until Consolacions death in
1974.
Private respondent was a ward of Consolacion. In 1961,
she built a house at the
back portion of the lot. Private
10
respondent paid rentals therefor to Camacho.
11
On May 6, 1993, private respondent filed a Complaint
for unlawful detainer against petitioners in the
Metropolitan
________________
Decision dated September 29, 1993 and penned by Judge Godofredo
Ca. Fandialan, CA Rollo, pp. 9395.

6
Docketed as Civil Case No. 141615CV.
Two Affidavits of Ma. Dalisay TongkoCamacho dated April 29, 1993
and March 21, 1995 attached to the Motion for Reconsideration filed by
petitioners before the Court of Appeals, CA Rollo, pp. 137138.
8
Decision of the Regional Trial Court, p. 2, CA Rollo, p. 94.
Affidavits, supra.
10
Copies of Official Receipts dated February 3, 1985 to June 4, 1993,
signed by Ma. Dalisay T. Camacho, CA Rollo, pp. 5781.

11
Dated May 3, 1993, docketed as Civil Case No. 141615CV and
raffled to Branch 21.

251
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VOL. 323, JANUARY 25, 2000
251
Trial Court of Manila. She averred that without any

monetary consideration and out of pure liberality, [she]
allowed [petitioners] to continue occupying the portion of
the aforesaid parcel of land x x x subject to the condition
that upon demand, [they] will vacate and peacefully
surrender the possession thereof to [her]but that they
failed to do so upon her verbal demand sometime in
December 1992 and even after her letter dated April 5,
1993 directing them to vacate the subject lot.
Petitioners denied being possessors of the subject lot by
mere tolerance on the part of private
respondent. They
12
offered in evidence an Affidavit dated April 29, 1993,
executed by Camacho who declared therein that
petitioners, as heirs of Consolacion Sempio, and private
respondent were her tenants alike. Camacho appeared at
the preliminary conference conducted by the trial court and
there confirmed that both petitioners and private
respondent were her tenants and that the former are not
sublessees of the latter.
On September 29, 1993, the Metropolitan Trial Court
rendered a Decision in favor of petitioners. It ruled:
[This court], after a careful and conscientious study of the
arguments of the parties, as stated in their respective pleadings
and the documents submitted, is of the honest opinion that the
only person who can eject [petitioners] is no other than the owner,
Mrs. Dalisay TongkoCamacho. The [petitioners] are not in
anyway [sic], lessees or sublessees of [private respondent]. In
short, she is not the real party in interest. Not even is she a
representative party. The affidavit of Ma. Dalisay Tongko
Camacho speaks for itself. This affidavit, in fact, inferentially
claim [sic] that [petitioners] are Consolacion Sempios (the
original lessor)
predecessorininterest and possibly have a better
13
right, x x x.
________________
12
Marked as Annex Jas Defendants [Petitioners] Position Paper,
CA Rollo, p. 119.
13
Decision of the Metropolitan Trial Court of Manila dated September
29, 1993, p. 3, CA Rollo, p. 95.
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252
252

14
15
Private respondent appealed to the Regional Trial Court.

She contended that the affidavit of Camacho was negated
by her very own testimony during the clarificatory
examination that petitioners did not pay rentals for the
land.
The Regional Trial Court rejected private respondents
argument. It affirmed in toto the Decision of the
Metropolitan Trial Court as it held that:
[Private respondent] claims to be the sublessor of the
[petitioners]. There is no evidence at all that she presented to it.
All she presented were receipts issued by Ma. Dalisay T. Camacho
x x x which were attached to the affidavit of [private respondent].
These do not prove the contract between her and [petitioners].
[Petitioners], on the other hand, claims to be not the sublessees
of [private respondent] but they are lessees of the owner, Ma.
Dalisay T. Camacho. They presented an affidavit of said person
x x x.
Based on the foregoing evidence which was not rebutted by
[private respondent], the latter cannot have the personality or
even the interest to eject [petitioners]. In short, [private
respondent] is not the real party in interest x x x.
The evidence of an alleged contract between [private
respondent] and [petitioners] is belied by the affidavit of the
owner of the land, hence, [private respondent] cannot sue.
xxx
Since the parties hereto are not privies to a contract, then,

there can be no relief by one against the other. A real
partyininterest plaintiff has been defined as one who has
a legal right while a real partyininterest defendant is one
who has a correlative legal obligation whose act or omission
violates the legal right of the former, x x x The evidence
does not show any substantial interest of [private
respondent] which would entitle him [sic] under the law, to
recover if the evidence is sufficient or that he [sic] has a
legal title to demand, x x x [S]ince a contract may be
violated by the parties thereto, as against each other, in an
action upon that contract, the real parties in interest x x x
must be parties to said contract, x x x
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________________
14
Docketed as Civil Case No. 9368005.
15
Raffled to Branch 8.
253
VOL. 323, JANUARY 25, 2000
253
Only the owner had

the right to eject [petitioners] under
16
the circumstances.
On March
25, 1994, private respondent filed a petition
17
for review of the foregoing decision in the Court of
Appeals. On February 23, 1995, the Court of Appeals
promulgated a Decision granting said petition for the
following reason:
The only issue in this case is, who has a better right to physical
possession of the questioned premises.
We divert from the view of the court a quo and the respondent
court.
Clearly, the whole lot has been leased to [private

respondent] who has been religiously paying the rentals.
[Petitioners] are staying in the portion of said lot who do
not pay a single centavo in consideration thereof. The
respondent Court ruled that [private respondent] is not the
real party to institute the ejectment case as she is not
owner of the land. We rule otherwise, x x x
The contention of [private respondent] that the stay of
[petitioners] is by mere tolerance holds water. [Petitioners]
do not pay rent, and their continued and unmolested stay
in the premises is through the mercy of the [private
respondent] who is religiously paying the rent for the whole
lot. Inasmuch as it is by mere tolerance that [petitioners]
enjoy the use and possession of the portion of the premises,
they should vacate the premises and surrender
possession
18
thereof to the petitioner upon demand. Accordingly, the
dispositive portion of the foregoing decision of respondent
Court of Appeals reads:
WHEREFORE, the petition is hereby granted the decision of the
court a quo and the respondent Judge as well as the Order dated
February 14, 1994 are hereby set aside and a new one is entered
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_________________
16
Decision of the Regional Trial Court, pp. 46, CA Rollo, pp. 2931.
17
Docketed as CAG.R. SP No. 33446.
18
Decision of the Court of Appeals, pp. 35, Rollo, pp. 2628.
254
254

ordering the private respondents and all persons claiming rights

under them to vacate the portion of lot 605 Penalosa Street,
Tondo, Manila, which they are occupying and surrender
possession thereof to the petitioner to pay19 attorneys fees in the
amount of P10,000.00 and the cost of suit.
On March 21, 1995, petitioners filed their Motion for

Reconsideration 20
of the foregoing Decision. They attached a
second affidavit dated March 21, 1995, executed by
Camacho where she reiterated that both petitioners, as
heirs of Consolacion Sempio, and private respondent, in
her own right, were her tenants.
On
May 19, 1995, the Court of Appeals issued a Resolu
21
tion denying petitioners Motion for Reconsideration.
Hence, the instant petition anchored on the following
assigned errors, to wit:
A. THE RESPONDENT COURT OF APPEALS
GRAVELY ERRED IN DECIDING NOT IN
ACCORD WITH LAW AND JURISPRUDENCE
WHEN
IT
DECLARED
THAT
PRIVATE
RESPONDENT, WHO IS ONLY A LESSEE OF A
PORTION OF A LAND BELONGING TO
ANOTHER, CAN EJECT HER COLESSEES, THE
PETITIONERS
HEREIN,
EVEN
THOUGH
THERE IS AN EXISTING LEASE CONTRACT
BETWEEN THE OWNER OF THE LAND AND
THE PETITIONERS
B. THE RESPONDENT COURT OF APPEALS
ERRED IN REJECTING THE RECOGNITION OF
THE PETITIONERS HEREIN AS LESSEES BY
THE OWNER OF THE LAND HERSELF
C. THE RESPONDENT COURT OF APPEALS
ERRED IN CONCLUDING THAT CONSOLACION
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SEMPIO ASSIGNED THE LEASEHOLD RIGHTS

TO
PRIVATE
RESPONDENT
CONSUELO
MADRIDEO WHEN NO EVIDENCE APPEARS IN
THE RECORDS OF THE CASE
________________
19
Decision, supra, p. 5, Id., p. 28.
20
CA Rollo, pp. 137138.
21
Rollo, p. 30.
255
VOL. 323, JANUARY 25, 2000
255
D. THE RESPONDENT COURT OF APPEALS

ERRED IN NOT AFFIRMING THE JUDGMENT
OF THE METROPOLITAN TRIAL COURT OF
MANILA AND THE REGIONAL TRIAL COURT
THAT THE PRIVATE RESPONDENT, WHO IS
ONLY A LESSEE
IS NOT THE REAL PARTY IN
22
INTEREST.
Findings of fact of the appellate court are generally
conclusive on the Supreme Court which is not a trier of
facts and consequently, it is not our function to analyze or
weigh evidence all over again. However, this rule is not
without exceptions. If there is a showing that the findings
of facts complained of are totally devoid of support in the
record or that they are so glaringly erroneous as to
constitute grave abuse of discretion,
this Court must
23
discard such erroneous finding. We find that the exception
applies in the case at bench.
Thus, we grant the petition.
First. In civil cases the burden
of proof to be established
24
by preponderance of evidence is on the plaintiff who is the
party asserting the affirmative of an issue. He has the
burden of presenting
evidence required to obtain a
25
favorable judgment, and he, having the burden of proof,
26
will be defeated if no evidence were given on either side.
Private respondent as plaintiff in the unlawful detainer
action had the burden to prove her allegations inasmuch as
she claims that she has a better right as lessee against
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petitioners. However, she failed miserably to meet the

burden of proof.
_________________
22
Memorandum for Petitioners, pp. 1011, Rollo, pp. 5960.
23
Alipoon v. Court of Appeals, G.R. No. 127523, March 22, 1999, 305
SCRA 118.
24
New Testament Church of God v. Court of Appeals, 246 SCRA 266,
269 (1996) Republic v. Court of Appeals, 204 SCRA 160, 168 (1991).
25
Transpacific Supplies, Inc. v. Court of Appeals, 235 SCRA 494, 502
(1994) Geraldez v. Court of Appeals, 230 SCRA 320, 330 (1994) Republic
v. Court of Appeals, 182 SCRA 290, 301 (1990).
26
Summa Insurance Corporation v. Court of Appeals, 253 SCRA 175
(1996).
256
256

Private respondent basically relied on the receipts of her

rental payments. At best, those receipts by themselves
alone simply confirm that she is a lessee, and not that she
is the only lessee of the property. Moreover, the owner of
the property, Ma. Dalisay TongkoCamacho, has been
unwavering in her declaration that petitioners are also
lessees of her property. When faced with Camachos
undeviating acknowledgment, private respondent's claim
turns nil. Private respondent never rebutted Camachos
recognition of the legitimate status of petitioners as
lessees. This omission creates an adverse inference that
27
such uncontroverted evidence speaks of the truth.
Accordingly, as against the undisputed sworn declaration
by the owner of the property who is more knowledgeable of
the subsisting contract concerning her land, private
respondent's claim lacks buoyancy.
Second. We agree with the Regional Trial Court that
private respondent is not the real party in interest. One
who has no right or interest to protect cannot invoke
the
28
jurisdiction of the court as partyplaintiff in action for it is
jurisprudentially ordained that every action must be
prosecuted
or defended in the name of the real party in
29
interest. A real party in interestis one who stands to
be benefited or injured by the judgment in the suit, or the
30
party entitled to the avails of the suit. In the instant case,
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30
party entitled to the avails of the suit. In the instant case,

private respondent is not a real party in interest inasmuch
as she failed to establish her claim of being the sole lessee
of the disputed property or the sublessor of petitioners.
Thus, dismissal of
the case for lack of cause of action was
31
properly ordered by the Metropolitan Trial Court, as
affirmed by the Regional Trial Court on appeal.
________________
27
Manila Bay Club Corporation v. Court of Appeals, 249 SCRA 303,
305, 306 (1995) citing Starkie on Evidence, p. 846, Moore on Facts, Vol. I,
p. 544 Somers v. McCready, 96 Md. 437, 53 Atl. Rep 1117, per Jones, C.J.,
Moore on Facts, Vol. I, p. 559.
28
39 Am Jur 858.
29
Section 2, Rule 3 of the 1997 Rules of Civil Procedure.
30
Ibid.
31
Sustiguer v. Tamayo, 176 SCRA 579, 587 (1989).

257
VOL. 323, JANUARY 25, 2000
257
WHEREFORE, the instant petition is hereby GRANTED.

The Decision and the Resolution of the Court of Appeals
dated February 23, 1995 and May 19, 1995, respectively, in
CAG.R. SP No. 33446 are hereby REVERSED and SET
ASIDE and the Decisions of the Regional Trial Court of
Manila, Branch 8, and the Metropolitan Trial Court of
Manila, Branch 21, are REINSTATED.
Costs against private respondent.
SO ORDERED.
Bellosillo (Chairman), Mendoza, Quisumbing and
Buena, JJ., concur.
Petition granted, judgment and resolution reversed and
set aside. Judgments of the Regional Trial Court and
Metropolitan Trial Court both of Manila, reinstated.
Note.Every action must be prosecuted or defended in
the name of the real party in interest. (De Leon vs. Court of
Appeals, 277 SCRA 478 [1997])
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258
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SUPREME COURT REPORTS ANNOTATED

G.R. No. 120267. January 25, 2000.

CLARA ESPIRITU BORLONGAN, DINA BORLONGAN,

VOL. 323, JANUARY 25, 2000

Borlongan vs. Madrideo

Court that private respondent is not the real party in interest.

PETITION for review on certiorari of a decision of the

Penned by Associate Justice Corona IbaySomera and concurred in by

Associate Justices Celia LipanaReyes and Bennie A. Dela Cruz in CA

Annex Bof the Petition, Id., pp. 2930.

Decision dated November 22, 1993 and penned by Judge Ed Vincent

SUPREME COURT REPORTS ANNOTATED

the dismissal by the Metropolitan Trial Court of Manila,

the dismissal by the Metropolitan Trial Court of6 Manila,

Ca. Fandialan, CA Rollo, pp. 9395.

Docketed as Civil Case No. 141615CV.

Two Affidavits of Ma. Dalisay TongkoCamacho dated April 29, 1993

Decision of the Regional Trial Court, p. 2, CA Rollo, p. 94.

Copies of Official Receipts dated February 3, 1985 to June 4, 1993,

signed by Ma. Dalisay T. Camacho, CA Rollo, pp. 5781.

Dated May 3, 1993, docketed as Civil Case No. 141615CV and

raffled to Branch 21.

VOL. 323, JANUARY 25, 2000

Borlongan vs. Madrideo

Trial Court of Manila. She averred that without any

Marked as Annex Jas Defendants [Petitioners] Position Paper,

Decision of the Metropolitan Trial Court of Manila dated September

29, 1993, p. 3, CA Rollo, p. 95.

SUPREME COURT REPORTS ANNOTATED

Private respondent appealed to the Regional Trial Court.

Since the parties hereto are not privies to a contract, then,

Docketed as Civil Case No. 9368005.

VOL. 323, JANUARY 25, 2000

Borlongan vs. Madrideo

Only the owner had

Clearly, the whole lot has been leased to [private

Docketed as CAG.R. SP No. 33446.

Decision of the Court of Appeals, pp. 35, Rollo, pp. 2628.

SUPREME COURT REPORTS ANNOTATED

ordering the private respondents and all persons claiming rights

On March 21, 1995, petitioners filed their Motion for

SEMPIO ASSIGNED THE LEASEHOLD RIGHTS

Decision, supra, p. 5, Id., p. 28.

CA Rollo, pp. 137138.

VOL. 323, JANUARY 25, 2000

Borlongan vs. Madrideo

D. THE RESPONDENT COURT OF APPEALS

petitioners. However, she failed miserably to meet the

Memorandum for Petitioners, pp. 1011, Rollo, pp. 5960.

New Testament Church of God v. Court of Appeals, 246 SCRA 266,

Transpacific Supplies, Inc. v. Court of Appeals, 235 SCRA 494, 502

Summa Insurance Corporation v. Court of Appeals, 253 SCRA 175

SUPREME COURT REPORTS ANNOTATED

Private respondent basically relied on the receipts of her

party entitled to the avails of the suit. In the instant case,

party entitled to the avails of the suit. In the instant case,

Manila Bay Club Corporation v. Court of Appeals, 249 SCRA 303,

Section 2, Rule 3 of the 1997 Rules of Civil Procedure.

Sustiguer v. Tamayo, 176 SCRA 579, 587 (1989).

VOL. 323, JANUARY 25, 2000

Borlongan vs. Madrideo

WHEREFORE, the instant petition is hereby GRANTED.